New federal laws in the field of housing and communal services. Basic Provisions of the Law on Rent New Law on Payment of Utilities

Gives surprises to homeowners. Payments for housing and communal services in 2017 will grow. According to print media, since January 1, tariffs for water and electricity have increased for those citizens in whose houses and apartments metering devices have not yet been installed. Who will make an exception? Who will pay for the excessive consumption of heat and electricity at the entrance apartment building? How will debtors be punished? We will try to give a detailed answer to each question.

How will utility bills change?

From January 1, citizens who for various reasons have not installed water meters and electricity meters in their houses and apartments will pay more. The authorities announced that prices would rise last spring. At the end of 2016, it became known that there would be an increase of an average of 4%. At the same time, in the capital - by 7%, St. Petersburg, Kamchatka and Yakutia - by 6%, in Chechnya - by 3.4%, and in North Ossetia - by 2.5%. The regulations will be set by the regional authorities, and they will depend on a number of factors.

So, today there are water consumption meters in 70% of houses and apartments. Even more (95%) electricity meters. But there are living quarters in which these devices are still not there. For these citizens, tariffs will also increase. An exception will be made only for residents of emergency houses, since it is impossible to install devices in such buildings (and is there any point?).

Who will pay for the overage?

Good news for all residents apartment buildings: now they will not have to pay for the overrun of electricity and / or heat in the entrance. This obligation is now assigned to the Management Companies, and the owners square meters can breathe a sigh of relief. But not for long. For them, the payment of housing and communal services in 2017 also involves the payment of common house needs. In other words, they still have to pay for the heating of those entrances (as well as attics and basements). However, local authorities promise to set a separate tariff for each MKD. Its value will depend on the following data:

Number of floors;

Number of entrances.

The authorities motivate their action by the fact that they want to protect Russians from having to overpay for housing and communal services. And if there are those who disagree and refuse to pay? What will they get for it?

How will debtors be punished?

The country's authorities are discussing a bill according to which persistent defaulters can lose their homes, even if they have only one. They promise not to drive people out into the street, but to take them away for a while in order to sell and buy something cheaper in return. The difference will go towards paying off the debt. We remind you that the bill has not yet been adopted, and so far no one has the right to take away a single apartment from a Russian, but this is no reason to relax.

In the regions, however, they are trying to solve this problem in different ways. For example, in Tatarstan, one of the local officials offered to take the children from the debtor, motivating this as follows: there is no money to pay for housing and communal services, which means that there is no money for food and clothes for children either.

Children's rights advocates are outraged, they unanimously claim that such manipulations are at least incorrect, at most illegal, because children are taken from their families only in extreme cases, when there is an effective threat to their life and health. Officials of Tatarstan defend themselves, claiming that they intend to take children only from those who lead an asocial lifestyle. As it turned out, fires have already occurred in the region, resulting in the death of children. And each time it was about residents who had their electricity and gas cut off for non-payment. They used homemade appliances, which caused the fire.

So utility bills will go up. IN different regions to different sizes. The new payment for housing and communal services under the new rules will begin only from July 1, 2017, but today there is something to think about. There is time to install metering devices, pay off accumulated debts, or at least reduce their size.

The Moscow Government approved the tariffs for housing and communal services, which will take effect from July 1, 2017 (Decree of the Moscow Government dated December 13, 2016 No. 848-PP ""). Residents of the capital will have to pay more for a number of utilities.

Thus, the tariff for cold water will increase by 7.2% - up to 35.40 rubles per cubic meter. m. Today it is 33.03 rubles per cubic meter. m(). Price hot water will increase by 10.6% - the cost of the service will be 180.55 rubles per cubic meter. m. Currently, the cost varies depending on the resource supplying organization. For example, for the services of the "Moscow United Energy Company" you have to pay 163.24 rubles per cubic meter. m().

What is the permissible duration of a break in the supply of cold or hot water? Learn from the resource "Water supply and drainage" in "Home Legal Encyclopedia" Internet version of the GARANT system. Get full access for 3 days for free!

Retail gas prices will also rise. In particular, if the apartment has gas stove and centralized hot water supply, the tariff will be 6.40 rubles per cubic meter. m. Today, under the same conditions, it is equal to 6.16 rubles per cubic meter. m, that is, the growth will be 3.9% ().

In addition, Muscovites will have to pay more for thermal energy. Tariffs depend on the resource supplying organization, respectively, the difference in prices will depend on the specific organization. For example, if the heat supply service is provided by Mosenergo, then the cost will be 1,747.47 rubles/Gcal. It is explained that this price is set for consumers connected to the heat network without additional conversion at heat points. Today, the tariff for the production of thermal energy from the same organization is 1006.04 rubles / Gcal ().

Significant changes have taken place in the system of payment for housing and communal services since the beginning of 2017. Since changes in housing and communal services affect all citizens, everyone should know about them.

Below IQReview provides updated information on utility bills.

Change lines in payment accounts

From January 1 the list of services itself began to look a little different payment. Now the bill for the maintenance and repair of the house is transferred to the payment for the maintenance of the dwelling and the cost of the CU, which are used to maintain the common property. Previously, such an innovation was planned to be put into use in the spring of 2016, but then it was postponed.

It would seem that an insignificant innovation, but it allows you to regulate the transfer of funds for general house needs. Before this normal payment procedure in fact, there were no: there were situations when management companies charged more for the maintenance of a house than for individual consumption in apartments.

Previously, the use of light bulbs (on landings, above the entrance doors), elevators, intercoms, as well as water for washing the entrances were paid by residents (the costs for this were distributed evenly among all apartments in the building). Since 2017 fixed rates are set for the listed expenses. If the standards are exceeded, the overspending will be paid not by the tenants (as before), but by the management companies.

Also, such a line as garbage collection will move from housing services to utilities. In this direction, too, had to put things in order. According to Law No. 458-FZ, municipal solid waste is now classified as municipal solid waste. As a result, there may be a revision andtariff changes.

T such a change in the receipt happened for a reason: it should encourage citizens to throw away garbage separately. The more waste that is recycled, the less will be the amount utility bills. It is also expected that this will contribute to the emergence of new operators, whose task will be to control the processing of waste. This direction is quite complicated: both in large and small cities (especially) there are a lot of unauthorized dumps, and the process of collecting and processing waste is poorly organized.

Change in payment of debts for housing and communal services

Seriously undertook those who have debts. Now those who did not fully pay utility bills, With bank cards money can be deducted from debt. True, it will be possible to do this only if there is a court order for the debtor (that is, only in judicial order). If the court decides on the recovery, the debtor will receive a notification. At the same time, citizens have the right to challenge the specified amount of the debt, and apply for the cancellation of the order.

In a judicial proceeding, cases of debts that do not exceed the amount of 500 thousand rubles will be considered in world courts. Arbitration courts will take up cases, the amounts of which do not exceed 400 thousand.

Financial responsibility will be introduced not only for debtors, but also for management companies. If they make a mistake on the receipt , having incorrectly calculated the amount for utilities, they will be charged a fine of up to 50% of the erroneously indicated amount.

Penalty for late payment of utility bills

By the way, this point is quite relevant: only in 2016 and only in Moscow, about 14,000 appeals were sent for errors in invoices. Of these, about 10% of complaints were confirmed (due to lack of information about accruals, debts, recalculations carried out, accrual procedures incomprehensible to the population).

Important laws that came into force on January 1, 2017

Since the beginning of the year, the following important laws have come into force:

When calculating the total area of ​​​​a dwelling for terraces, balconies, verandas and loggias, reduction factors are set (according to the order of the Ministry of Construction of the Russian Federation of November 25, 2016).

The state is strengthening control over the expenditure of subventions for the disabled and veterans (according to Law No. 461-FZ).

A unified register of real estate and a unified accounting and registration system are being created. It will store information from the real estate cadastre and the register of rights.

About changes in the rules for overhaul

Almost two years ago, a new column appeared in the housing and communal services receipt - for overhaul. The population has already figured out and got used to contributions for overhaul.

This year, this direction was also affected by changes:

Now for LSG there are specific deadlines (1 calendar month) for the implementation of a number of actions (previously these deadlines were not regulated in any way). We are talking about the formation of a capital repair fund on the account of a regional operator (if the tenants have not chosen or created a fund on their own), about making a decision to carry out a major overhaul in accordance with the program for the region.

Information about the current state of the overhaul fund should be made public. Now, the account holder must submit to the WHR body a report on such data: the amount received as contributions; the amount spent on overhaul; account balance; conclusion of a loan agreement for the performance of overhaul works.

In case of emergencies, the overhaul of the house is carried out out of turn. The scope of work in this case is limited only to the most necessary - everything is done that is necessary to eliminate the consequences of the accident. This addition applies only to houses whose capital repair fund is formed on the account of the regional operator.

Tariff increase

The most important nuance for most citizens is another increase utility tariffs. In 2017, this event is scheduled for July 1st. This order was published on November 21, 2016.

The tariff increase indices will be as follows:

North Ossetia - 2.5;

Adygea, Karachay-Cherkessia, Chechnya, Belgorod, Kaliningrad, Kursk, Murmansk, Sakhalin, Tver, Tambov regions and Chukotka - 3.4;

Altai Territory, Buryatia, Kalmykia, Mari El, Udmurtia, Pskov, Voronezh, Novgorod, Saratov regions - 3.5;

Ingushetia, Rostov region - 3.6;

Karelia, Transbaikalia, Stavropol, Oryol and Kostroma region - 3.7;

Amur, Kurgan, Ivanovskaya, Leningrad region - 3.8;

Khakassia, Krasnoyarsk region, Chuvashia, Ryazan, Bryansk, Smolensk region - 3.9;

Krasnodar and Perm regions, Vladimir, Kirov, Moscow, Orenburg regions - 4.0;

Republic of Komi, Khabarovsk Territory, Khanty-Mansiysk Okrug -4.1;

Mordovia, Tatarstan, Volgograd, Arkhangelsk, Tula, Lipetsk regions, Yamalo-Nenets Autonomous Okrug - 4.2;

Samara and Vologda regions - 4.3;

Astrakhan and Nizhny Novgorod regions - 4.4;

Magadan, Omsk, Tomsk, Penza region - 4.5;

Jewish Autonomous Region - 4.8;

Yaroslavl region - 4.9;

Sverdlovsk, Novosibirsk, Irkutsk regions, Tyva, Primorsky Territory -5.0;

Tyumen region - 5.4;

Bashkortostan - 5.8;

Kemerovo region - 5.9;

Kamchatka, Sakha, St. Petersburg - 6.0;

Moscow - 7.

Muscovites will feel the increase in tariffs most of all - for the capital, the increase index was 7. The least increase in housing and communal services will be in North Ossetia (index - 2.5). On average, the country's communal will grow by 4%.

About changes in housing and communal services in 2017 (video)

Amendments to the Housing Code (on the transition to new contractual relations between owners of premises in apartment buildings and resource-supplying organizations):

"In the cases provided for in Article 157.2 of this Code, payment for utility services is paid by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of a state or municipal housing stock in this house to the relevant resource supplying organization and the regional operator for the treatment of municipal solid waste."

Download full law

Debts in the housing and communal services sector are the main problem in the provision of public services. The most problematic regions are Moscow, Kamchatka Krai and some others. Moreover, the main reason for the appearance of debts is by no means the consumer himself, but management companies. Intermediaries represented by the Criminal Code for various reasons delay deductions. The new bill on direct payments between the consumer and the utility provider will solve this problem.

What are the objectives of the new law?

Many management companies do not cope with the tasks assigned to them. There are many reasons for delays in paying utility bills. And the main one is the corruption component. Previously, the management company (MC) was an intermediary between the consumer and the resource supply organization (RSO). The new legislative document will make it possible to directly conclude an agreement on the supply of services with the RSO.

On March 23, 2018, in the third, final reading, a bill was adopted, on the basis of which it is possible to exclude the UK from the payment chain for the services provided. According to the new law, the owners of an apartment building at a meeting can decide on their own whether to conclude an agreement or to refuse it. You can enter into an agreement with RSO supplying the following utilities:

According to the authors of the project, RNOs supplying electricity and gas to residential buildings have been operating in the Russian Federation under this scheme for many years. Another reason for the adoption of this law is the high rate of debt collection in the presence of a direct contract.
According to the new draft law, RSOs have the right, from the moment it is adopted, to unilaterally terminate agreements with the Criminal Code. The main condition for this is the presence of a debt in the amount of two average monthly charges or more. Many property owners in apartment buildings are wary of receiving double receipts. In order to avoid this, the Goszhilnadzor body is notified of the adoption of the law.

The law itself comes into force on April 1, 2018. But some of the norms indicated in it will be put into effect gradually. The main tasks to be solved by the adopted bill:

• increase in collection rate Money– exclusion of CMs from the payment chain will reduce payment delays;
  reduction of the corruption component - many criminal companies are created with the aim of embezzlement of citizens' funds;
• simplification of the settlement scheme between the consumer and the resource supplying organization;
• establishing order in the field of residential property management.

Even before the official publication, it became known about serious penalties in relation to the management companies that do not comply with the requirements for calculations. If there are errors, a penalty of 50% of the amount of the incorrectly indicated amount will be assigned. This bill was proposed personally by Vladimir Putin.

The main advantages of the new law, cons

The adopted bill resolves many complex issues that have accumulated in the field of housing and communal services. It protects the interests of ordinary citizens, as well as resource-supplying organizations. Previously, there were frequent cases of disconnection of entire apartment buildings - due to delays in payments from the Criminal Code. At the same time, the tenants fulfilled their debt obligations on time, without any delays.
In addition, tenants now have the right to choose a service provider. For example, garbage collection can be carried out by different companies. Thanks to the adoption of the new law, today the citizens themselves will have the right to choose a legal entity engaged in waste management. There are certain problems in this segment of housing and communal services. The new bill will create healthy competition in the field of waste disposal.

Many management companies artificially inflated prices for the supplied housing and communal services. Especially often it concerned the supply of hot water. Many residential buildings were completely equipped with their own boiler rooms in the basement and payment was not required. The new law will strengthen the control of tenants over the Criminal Code. Provides a new pressure lever. Management companies will become more responsible for the performance of their immediate duties.

Some problems may arise with the process of recalculation for the low quality of the services provided. At the same time, it will not be difficult to resolve this issue legally. Responsible for the supply of services are RNOs - with which a contract is directly concluded.

Ordinary citizens who decide to use the new right are afraid of the possibility of double receipts. When the Criminal Code, despite the decision taken jointly and severally to refuse its services as an intermediary, still issues invoices. If the agreement with the RSO was concluded within the framework of the law, all the mandatory procedures have been completed, then there is no need to pay receipts from the management company that come after the date of the agreement.

If the owner of the residential premises found two receipts in his mailbox, then it is necessary:

• notify the Criminal Code in writing of the refusal of its services;
• keep the receipt of payment (there is no need to transfer funds to the Criminal Code);
• contact your local housing authority.

Goszhilnadzor is a special organization that inspects housing and communal services. If violations are found, they must be contacted in writing or electronically. Today, all divisions of the inspection have their own websites. You can contact by phone, email. The new law comes into force on the day of its official publication.

The Ministry of Construction expressed the opinion that from 30 to 40% of management companies could leave the market after the adoption of the law. Moreover, this will positively affect the industry as a whole. Since it will be left first of all by companies that dishonestly fulfill their obligations to the RSO and consumers of public utilities. The mode of concluding an agreement directly with the RSO is determined by law.

Key changes in the second quarter of 2018

Utility resource providers and regional MSW operators can directly enter into contracts with owners and tenants of housing in apartment buildings. The way the house is run does not matter. In this case, consumers will pay for utilities directly to the supplier or the regional operator.

You can switch to direct contracts at the initiative of the owners. They have the right to decide this issue at the general meeting.

Resource supply companies and regional operators can also initiate the transition by unilaterally refusing to execute the contract with the person managing the MKD. This is permissible if the debt for utility resources or services for the removal of solid waste is two or more average monthly payments. The debt must be recognized or confirmed by a judicial act that has entered into force.

Housing and communal services can be understood as energy resources provided by authorized organizations to ensure comfortable living conditions in a residential real estate object. The current federal legislation fully regulates the procedure and basic rules for the provision of housing and communal services.

It is worth noting that there are quite a few ways in which payment for services can be made in full. If a delay in established payments is allowed, certain taxes may be imposed on the citizen, up to and including eviction from the occupied apartment.

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In order to understand the provisions that are included in the new law on the calculation of interest on rent, it is important to familiarize yourself with the established obligations of the recipient of services, with the articles of this regulatory act, as well as with the existing statute of limitations for paying debt obligations.

Consumer Responsibilities

The rules under which the accrual of certain utility bills and their recalculation are carried out are determined by a special decree of the Government of the Republic of Moldova No. 354.

These provisions are as follows:

• the current level of utility bills is calculated based on the indicators of energy consumption metering devices installed in the premises;
• if there are no such reading devices, then the calculation of the cost is carried out in accordance with the established consumption standards, the registration of which is carried out by the territorial governing bodies;
• the calculation of the total amount is carried out depending on the actual number of persons living in the premises.

It is worth noting that as of 2019, each owner of a dwelling must install reading energy devices to account for the consumption of water and gas. All citizens who live in a property under a social tenancy agreement must install appliances provided at the expense of the local municipality.

As for devices that read energy indicators in the whole house, their installation should be carried out by the direct owners of the apartments. Responsibility for the absence of individual energy meters is not provided for by the current legislation.

However, based on the amendments to the law on rent debtors adopted back in 2019, financial sanctions may be imposed on the owners of the premises for refusing to install such meters - from January 1, 2019, the amount of utility bills for such categories of persons increased by 60%.

The advantages of installing meters on energy and supply systems are obvious and lie in the fact that interested parties do not need to collect a specific set of documentation to carry out the recalculation

Articles of the law on rent

How is it calculated

The total amount of payment for the relevant housing services directly depends on the level of consumption of a particular energy resource. As for the payment for services provided for the needs of the whole house, their amount depends on the area of ​​\u200b\u200bthe dwelling.

If you do not have utility bills on hand, it will be useful to know.

What formula is used to calculate the interest on the rent in 2019, and from what moment it begins to accrue, you can find out.

The changes made to the current legislation also provide for certain liability of authorized organizations in case of violation of the rules and procedure for calculating the cost for the provided housing and communal services.

If such nuances are admitted, the service provider must reimburse the costs in favor of the consumer in the amount established by the regulatory enactments.

Possibility of recalculation

In 2019, interested citizens can recalculate utility bills that were accrued as part of the supply of gas and gas services. cold water. Persons who leave their place of actual residence for a period of more than 7 days may exercise their legal right to recalculation.

It should be noted that this procedure can be carried out only by owners whose premises do not have the appropriate individual appliances reading energy information. There are several options for using the right to recalculate.

In the first case, during 30 days from the moment the energy consumer actually returns to his place of permanent residence, he must apply to the territorial office of the subscriber organization or the Multifunctional Center with a corresponding application.

Together with this document, without fail, a set of accompanying papers must be provided, which can confirm the fact of the absence of a citizen for a long time period. Authorized employees of the subscriber organization or the Multifunctional Center will carry out the corresponding recalculation within 5 working days. It is important to note that in time recalculations of the day of departure and arrival of a citizen.

As for the second option, within its framework, a citizen interested in recalculation must visit authorized organizations even before the day of actual departure from the place of residence and submit an application. Employees of organizations will generate a special receipt, according to which gas and cold water supply indicators will not be taken into account.

This procedure can be carried out only on the basis of the terms indicated by the citizen in the application. In any case, the maximum period cannot exceed 6 months. After returning to the apartment, the consumer of services must provide supporting authorities with supporting documentation of his absence. Otherwise, a reverse recalculation may be carried out and not in favor of the citizen.

Among the documents that can prove the fact of the absence of a person at the place of residence, it is worth highlighting the following:

• business trip certificate;
• a certificate stating that during the specified period the person was undergoing treatment in a sanatorium or medical center;
• route tickets, which indicate the name of the applicant;
• bills from hostels, boarding houses or hotels;
• any other papers that the applicant considers proof of his absence.

non-payment

In 2019, the legislation regulating the amount and procedure for calculating utility bills establishes the amount of interest for late debt obligations, which is 1/300 of the key rate of the Central Bank of the Russian Federation for each day of missed payment. Interest charges begin to accrue after three months of non-payment.

It should be noted that the key rate is subject to constant changes. This suggests that, over time, the accrued penalties may become less or more, depending on the economic situation as a whole.

From March 2019, all debt obligations for utility bills are entered into a personal file and credit history debtor, and this information is entered into the relevant register by representatives of the managing organization

statute of limitations

In the case of utility payments, the statute of limitations is the time period during which interested persons or organizations can apply to higher courts to protect their own rights. It should be noted that the total within the framework of such relationships is 3 years.

Since the current legislation does not regulate the established period for utility payments, in most cases it is applied general term prescription. The Civil Code of the Russian Federation establishes that all claims for the protection of rights must be considered by the court without fail.

Application of the term limitation period is determined only by specific cases, in which one of the parties to the dispute submits an appropriate application. Provision of such a document to the court may be the basis for dismissal of the claim.

In this framework, it is also important to take into account the following circumstances:

• in case of claims of authorized organizations for payment of obligations, the validity period of which is more than 6 years, the defendant must during the trial note the act that the service provider missed the limitation period - this will help in removing the claim from the agenda;
• nothing can prevent the service provider from collecting the debt for the established 3 years;
• the court can partially satisfy the requirements of the organization even if the limitation period has expired and the citizen will have to return part of the accumulated debt.

It should be noted that, in accordance with the current federal legislation legal entities have no right to restore the statute of limitations. However, in this case it is very important to understand that there is a so-called concept of interruption of such a period. This means that the period can be interrupted and started anew, in other words, restarted.